United States District Court, D. Massachusetts
Nathaniel M. Gorton United States District Judge
Daniel Fernandes Rojo Filho ("defendant") underwent
a psychiatric evaluation, pursuant to this Court's Order
following a status conference held on October 25, 2016. The
evaluation was conducted by Dr. Julia M. Reade for the
purpose of assisting the Court in making a determination as
to defendant's competency to stand trial.
Dr. Reade submitted her report in December, 2016, the
government moved for a second evaluation and to continue the
competency hearing previously scheduled for January 24, 2017.
the determination of defendant's competency is critical
to the protection of defendant's due process rights and
legitimate, additional issues raised by the government need
to be resolved, the Court finds that a second evaluation
"is appropriate". See 18 U.S.C. §
the government's motion to order a second competency
evaluation and continue the competency hearing (Docket No.
103) is ALLOWED.
shall be placed in the custody of the Attorney General for a
reasonable period not to exceed thirty (30) days, to undergo
a competency evaluation at the Federal Medical Center at
Devens, Massachusetts. The government will promptly notify
the Court of the licensed or certified examiner who will
conduct the evaluation. That examiner is directed to submit a
report to the Court on or before Friday, February 24, 2017.
competency hearing will be continued to Friday, March 24,
2017 at 2:00 P.M. The government shall file a motion to
exclude all time, pursuant to 18 U.S.C. 3161(h)(1)(A), until
the appointed date of the competency hearing.